Page:Ruffhead - The Statutes at Large - vol 5.djvu/757

 A. D. 1729. Anno fecundo Georgii If. C 36. 719 ' Expences, to get others in their Stead," to bring their Ships and Veffels home ; and afterwards fuch Sea- c men and Mariners in ft ft on recovering their Wages, notwithftanding their voluntary Defertion ; all ' which is a great Difcouragement to Trade and Navigation : Therefore, in order to prevent fuch Prac- tices for the future, may it pleafe your Majefty that it may be enacted ; and be it enacted by the King's inoft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That from and after the No Marten of twenty-fourth Day of June one thoufand fcyen hundred and twenty-nine, it fhall not be lawful for Sbipt to proceed any iVIafter or Commander of any Ship or Veflel bound to Parts beyond the Seas, to carry any Seaman or or : a Vo >' 3 ge Mariner, except his Apprentice or Apprentices, to Sea, from any Port or Place where 'he or they were "''I'TTt""'" 8 entered or fhipt, to proceed on any Voyage to Parts beyond the.Seas, without firft coming to an Agree .,•'!!"," merit or Contract with fuch Seamen or Mariners for their Wages, whi< h Agreement or Agreements fhall b made in Writing, declaring what Wages each Seaman or Marine r is to have reflectively during the whole Voyage, or for fo long Time as he or they fhall (hip thcmfelves for; and alio to exprefs in the laid Agree- ment or Contrail: the Voyage for which fuch Seaman or Mariner was ihipt, to perform the fame ; and in cafe any Mafter or Commander of any Ship or Veflel fhall carry out any Seaman or Mariner, except his Apprentice) Apprentice or Apprentices, upon any Voyage to P;irts beyond the Seas, without firft entring into fuch "ccptcd, Agreement or Contract as aforef lid, and he and they figning the fame, fuch Mafter or Commander fhall forfeit and pay the Sum of five Pounds for every fuch Seaman or Mariner which he dial! carry to Sea, with- on Forfi ure af out entring into fuch Agreement in Writing as aforefaid, to the Ufe of Greenwich Hofpital, to be recovered upon Information on the Oath of one or more Witnefs or Witnefl'cs, before any one or more of his Majefiy.'s W " n:r " Juftice or Juftices of the Peace, who are hereby authorized and required to iflue out his or their Warrant or Warrants to bring before him or them fuch Mafter or Commander of any fuch Ship or Vefll-I ; and in cafe he or they refufe to pay fuch Penalty or Forfeiture as aforefaid, to grant his or their Warrant or Warrants, to levy the fame by Diftreis and Sale of the Offender's Goods ; and, in cafe no Diftrefs can be found to commit the Offender or Offenders to the common Gaol of the City, County, Town or Place, there to re- main until he or they fhall pay the fame. II. And be it further enacted, That if any Seaman or Mariner enter or fhip himfelf on board any Mer- Winners to fign chant Ship or Veffel on any intended Voyage for Parts beyond the Seas, he and they fo entring thcmfelves the Agreement, as aforefaid, fhall, and they are hereby obliged to fign fuch Agreement or Contract within three Days after he or they fhall have entred therhfelves on board any Ship or Veffel, in order to proceed on any Voyage as aforefaid; which Agreement- or Agreements, or Contracts, after the figning thereof, fhall be conclufive and binding to all Parties, for and duting the Time or Times fo agreed or contracted for, to all Intents and Purpofes ; any Cuftom or [Jfage to the contrary in any wife notwithftanding. III. And be it enacted and declared by the Authority aforefaid, That in cale any Seaman or Mariner fhall Penalty on Ma. defert or refufe to proceed on the Voyage on board any Ship or Veffel, bound to Parts beyond the Seas as riners deferlir s- aforefaid, or that fhall defert from the Ship or Veflel to which he or they fhall belong, in Parts beyond the Seas, after he or they fhall have figned fuch Contract or Agreement, he or they ihall forfeit to the Owners of fuch Ship or Veffel the Wages which fhall be due to him or them at the Time of his or their defertirig from fuch Ship or Veffel, or obftinately refufing to proceed on fuch Voyage. IV. And be it further enacted, That in cafe any fuch Seaman or Mariner fhall defert orabfent himfelf from Tutrices of tlie any fuch Ship or Veffel, after he or they have entered into and figned fuch Contract or Agreement to proceed ; ' ' f ■•'•:■' com- upon any Voyage to Parts beyond the Seas as aforefaid, upon Application made to any of his Ivlajefty's nllt ^' ■ - : ; w Juftices of the Peace, within their refpective Jurifdictions, by the Mafter or Commander, Owner or Owners, q or other Perfon or Perfons having Charge of the faid Ship or Veffel to which fuch Seaman or Mariner did belong, it fhall and may be lawful for fuch Juftice or Juftices, and they are hereby required to iflue forth his or their Warrant or Warrants to apprehend fuch Seaman or Mariner ; and in cafe he or they fhall refufe to proceed on the Voyage for which he or they entred -into Contract or Agreement to perform as aforefaid, and fhall not give a fufficient Reafon for fuch Refufal, to the Satisfaction of fuch Juftice or Juftices, then to commit fuch Seaman or Mariner to the Houfe of Correction, there to be kept to hard Labour, not exceed- ing thirty Days nor lefs than fourteen Days, any Thing to the contrary notwithftanding. V. And be it enacted by the Authority aforefaid, That in cafe any Seaman or Mariner fhall abfent him- Penalty on Ma- felf from the Ship or Veffel to which he fhall belong, without Leave from the Mafter or Commander, or ri "e«abfenting other Chief Officer, having the Charge of fuch Ship or Veffel, every fuch Seaman or Mariner fhall, for ?.T thc shi P every fuch Day's Abfence, forfeit two Days Pay to the Ufe of Greenwich Hofpital, to be recovered, applied W1 and difpofed of as is herein after directed by this Act. ' VI. And whereas Seamen and Mariners, after their Ships Arrival at their unlivering Port in Great Bri- 1 tain, ofttimes leave the Ships and Veffels before they are unladen, or before the faid Seamen and Mariners ' are difcharged by the Mafters or Commanders of fuch Ships and Veffels ;' in order to prevent fuch Prac- tices for the future ; Be it further enacted by the Authority aforefaid, That in cafe any Seaman or Mariner, Penalty for not entring into the Service of his Majefty, his Heirs and Succeffbrs, fhall leave fuch Ship or Veffel, to le: vingtheShip* which he or they belong, before he or they fhall have a Difcharge in Writing from the Mafter or Com- b. ctcl o e °' A ~ mander, or other Perfon having the Charge of fuch Ship or Veffel, he or they fo leaving fuch Ship or Vef- 12rge fel fhall forfeit one Month's Pay, to be recovered, applied and difpofed of as is herein alter directed. VII. And be it further enacted by the Authority aforefaid, That upon the Arrival of any Ship or Veffel Mailers to pay into Great Britain from Parts beyond the Seas, the Mafters or Commanders of fuch Ships or Veffels fhall Manners Wages be, and they are hereby obliged to pay the Seamen andJVIariners belonging to fuch Ships or Veffels their coming homeT Wao-es, if demanded, in thirty Days after the faid Ships or Veffels being entred at the Cuftcm-houfe, ex- cept in cafe where a Covenant fhall be entred into to the contrary, or at the Time the faid Seamen and Mariners fhall be difcharged, which fhall firft happen, if demanded, deducting out of fuch Wages the Pe- nalties and Forfeitures by this Ad impofed, under the Penalty of paying to each Seaman or Mariner that fhall